ALTERNATIVE DISPUTE RESOLUTION: A BOON TO JUSTICE DELIVERY SYSTEM IN INDIA By Dr. Deepa Pravin Patil 46
|
|
- Marvin Jacobs
- 6 years ago
- Views:
Transcription
1 ALTERNATIVE DISPUTE RESOLUTION: A BOON TO JUSTICE DELIVERY SYSTEM IN INDIA By Dr. Deepa Pravin Patil 46 Introduction The courts are over burdened with the cases. Remedy in the form of ADR was considered as an alternative to the courts to resolve the disputes between the parties. The adjudicatory system has become costly, expensive and time consuming. The attention of the business community is drawn to the informal dispute resolution, which is in fact tradition in many of the world societies like China, England, America 47. Even in India resolution of disputes outside court was in vogue in the form of the resolution of the disputes between members of a particular clan or occupation or between members of a particular locality, by Kulas (assembly of the members of a clan), Srenis (guild of a particular occupation) and Pugas (neighborhood assemblies). 48 Before expansion of commercialization and industrialization the justice delivery system was in sound condition. As the time passes, the consciousness of fundamental and individual right, government participation in growth of the nation s business; commerce and industry, establishment of the parliament and state legislatures, government corporations, financial institution s fast growing international commerce and public sector participation in business, tremendous employment opportunities were created. Multiparty complex civil litigation, the expansion of business opportunities beyond local limits, increasing popular reliance on the only judicial forum of courts brought an unmanageable expansion of litigation. The clogged courthouses have become an unpleasant compulsive forum instead of temples of speedy justice. Instead of waiting in queues for years and passing on litigation by inheritance, people are inclined either to avoid litigation or to start resorting to extra judicial remedies. 49 ADR System: Nature and Scope 46 Assistant Professor, Ismailsaheb Mulla Law College, Karmaveer Samadhi Parisar, Satara 47 K. Jayachnadra Reddy, Alternate Dispute Resolution, Alternative Dispute Resolution, Reprint 2007, Universal law Publishing Co. Pvt.Ltd Sarvesh Chandra, ADR : IS CONCILIATION THE BEST METHOD, Alternative Dispute Resolution, Reprint 2007, Universal law Publishing Co. Pvt. Ltd, Mediation and Case Management- Their co-existence and correlation- A paper presented during Indo-US Judicial exchange at U.S. Supreme court by Niranjan Bhatt on 15/12/2002. JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 26 of 142
2 There is change of wind all over the world and shift is towards resolution of the disputes not through adjudication but through amicable settlement. Modern Alternative Disputes Resolution Techniques (ADR) is a voluntary system, according to which the parties enter a structured negotiation or refer their disputes to a third party for evaluation and/or facilitation of resolution. 50 There are various forms and techniques of ADR like mediation, conciliation, early neutral evaluation etc. ADR is a form of facilitated settlement, which is confidential and without prejudice. 51 ADR, like litigation and arbitration, will often involve an independent third party but his function is fundamentally different from that of a judge or arbitrator and is best described as a neutral facilitator. He cannot impose a decision on the parties 52 but, on the contrary, his role is to assist the parties to resolve the dispute themselves. The conciliator does not have the authority to impose upon the parties a solution to the dispute. 53 He may give opinions on issues in dispute but his primary function is to assist in achieving a negotiated solution. 54 Thus the ADR is considered as purely consensual procedure. The parties to the dispute have total control over the process. The parties themselves may choose the form or prepare their own procedure for settlement of dispute. The party may withdraw from the process at any stage of the proceeding. 55 It is a process where disputes are settled with the assistance of a neutral third person generally of parties own choice; where the neutral is generally familiar with the nature of the dispute and the context in which such disputes normally arise; where the proceedings are informal, devoid of procedural technicalities and are conducted, by and large, in the manner agreed by the parties; where the dispute is resolved expeditiously and with less expenses; where the confidentiality of the subject-matter of the dispute is maintained to a great extent; where decision making process aims at substantial justice, keeping in view the interests involved and the contextual realities 56. In substance the ADR process aims at rendering justice in the form 50 Dr. Loukas A. Mistelis, ADR in England and Wales, 12 Am. Rev. Int l Arb.167, Simon Davis, ADR and Commercial Disputes, Russell Caller (ed), Sweet & Maxwell, London, Haresh Dayaram Thakur v State of Maharashtra, 2000 DGLS (Soft.) Sub article 3 of Article 1 of the UNCITRAL Model Law 54 O.P. Malhotra, and Indu Malhotra, The Law and Practice of Arbitration and Conciliation, Lexis nexis Butterworths, 2 nd ed, New Delhi, 2006, p Section 76 Arbitration and Conciliation Act, Sarvesh Chandra, ADR : IS CONCILIATION THE BEST METHOD, Alternative Dispute Resolution, Reprint 2007, Universal law Publishing Co. Pvt. Ltd, 83 JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 27 of 142
3 and content which not only resolves the dispute but tends to resolve the conflict in the relationship of the parties which has given rise to that dispute 57. Need for ADR System : As per statistics available in India, it is unable to clear the backlog of cases. Take a look upon the pendency figures.[source: Bar& Bench News Network Jul 15, 2010 Google search ] Pending cases Courts Supreme court* Admission 26,863 30,834 33,352 Regular 19,024 19,329 21,512 Total 45,887 50,163 54,864 High Courts * 3,743,060 3,874,090 4,060,709 Lower Courts** 25,418,165 26,409,011 27,275,953 Total(All Courts) 29,207,112 30,333,264 31,391,526 *Statistics as of march 31, 2010 ** Statistics as of December 31, The backlog has been increasing at an average rate of 34 percent annually. This huge backlog of unsolved cases, experts claim, is directly proportional to a lack of judges. Statistics released by the Supreme Court although shows a drop in vacancies of judges in the courts of the country, the number is still very high. Here are the statistics for past three years and vacancies that continue to exist Vacancies in the Courts : Courts Supreme Sanctioned Court* Vacancies High Courts** Sanctioned ibid JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 28 of 142
4 Vacancies Lower Sanctioned 15,917 16,685 16,880 Courts** Vacancies 3,393 3,129 2,785 *Statistics as of march 31, 2010 ** Statistics as of December 31, The vacancies in the Supreme Court have been reduced by new appointments this year and last year. The High Court s statistics however, show some concerns. There have been nearly 30 percent vacancies in High Courts as well as lower courts In Maharashtra state, total pending cases as of 31 December, 2009 in Lower Courts is 4,158,458, i.e. 15 percent of total pendency and 338,183 in High courts i.e. 8 percent of total pendency Ratio of Judges to Population * Country USA Canada Australia England India Ratio of judges to population (per 10 Lac population) 107 Judges 75 Judges 57.7 Judges 50.9 Judges 10.5 Judges *As per the Law Commission of India Report, 1987 The United Nations Development Programme reveals that approximately 20 million legal cases are pending in India. India is a country of 1.1 billion people. Presently it has approximately 12.5 judges for every million people compared with roughly 107 per million in the United States and Great Britain have around 150 judges for million of it s population. In its 120 th Report in1988, the Law Commission of India had recommended that the state should JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 29 of 142
5 immediately increase the ratio from 10.5 judges per million of Indian population to at least 50 judges per million within the period of next five years. 58 Our justice delivery system is bursting at the seams and may collapse unless immediate remedial measures are adopted not only by the judiciary but also by the legislature and executive. Government as a largest litigator: According to rough estimate, 70% of all cases are either agitated by the State or appealed by it. The State fights cases against citizens at the cost of citizens. Legislative Recognition to ADR in India: The Arbitration and Conciliation Act, 1996 enacted in India is based on the recommendations of UNCITRAL. Part III of the Arbitration and Conciliation Act, 1996 provides for the procedure of 'Conciliation'. 59 The provisions of Code of Civil procedure 60, Section 23 of Hindu Marriage Act, 1955, Industrial Disputes Act, Family Courts Act, Lok Adalats are based on the concept of ADR. The specific procedure of conciliation is also introduced in India for the first time by Arbitration and Conciliation Act, The Legal Services Authorities Act, 1987 is amended by addition of chapter VI-A and concept of Permanent Lok Adalat was introduced. 62 Under the Legal services Authorities Act, 1987, a party may before the dispute is brought before any court, regarding public utility service, 63 make an application to the Permanent Lok Adalat for settlement of the dispute. It further provides that where the parties fail to reach at an agreement the Permanent Lok Adalat shall decide the dispute. 64 The Indian legislature also realised importance of ADR and added section 89 to the Code of Civil Procedure 1908 with a purpose : to prevent suits from proceeding further except when th Report of the Law Commission of India on Manpower Planning in the Judiciary: A Blueprint, Ministry of Law, Justice and Company Affairs, Government of India (1987) Sections 61 to 81 of Arbitration and Conciliation Act, Section 89, O.XXXII-A 61 Part III of Arbitration and Conciliation Act, Sections 22 A to 22- E of Legal Services Authorities Act, Public utility service is defined in s. 22-A (b) of Legal Services Authorities Act, 1987 to mean any"(i ) transport service for the carriage of passengers or goods by air, road or water; or(ii) postal,telegraph or telephone service; or(iii) supply of power,light or water to the public by any establishment or (iv) system of public conservancy or sanitation; or (v) service in hospital or dispensary; or (v) insurance service. 64 Sub section (8) of section 22 C of Legal Services Authorities Act, JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 30 of 142
6 parties could not get their disputes settled through any of the methods of Alternate Dispute Resolution mentioned therein. Section 89 of Code of Civil Procedure provides for court annexed ADR. Section 89 reads as " Settlement of dispute outside the court. (1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may formulate the terms of a possible settlement and refer the same for (a) arbitration; (b) conciliation (c) judicial settlement including settlement through Lok Adalat; or (d) Mediation. (2) Where a dispute has been referred (a) for arbitration or conciliation,the provisions of the Arbitration and Conciliation Act,1996 ( 26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act; (b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub section (1) of section 20 of the Legal services Authority Act,1987( 39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat; ( c ) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal services Authority Act,1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act; (d)for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed. Indian Judicial Attitude towards ADR: The Supreme Court in, Salem Advocate Bar Association v Union of India 65 (I), has held "It is quite obvious that the reason why section 89 has been inserted is to try and see that all the cases which are filed in court need not necessarily be decided by the court itself. Keeping in (1) SCC 49 JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 31 of 142
7 mind the laws delays and the limited number of judges which are available. It has now become imperative that resort should be had to alternative dispute resolution mechanism with a view to bring to an end litigation between the parties at an early date." Also in Salem Advocate Bar Association v Union of India 66 (II) the Apex Court held, "The intention of the legislature behind enacting Section 89 is that where it appears to the Court that there exists element of a settlement which may be acceptable to the parties, they, at the instance of the court, shall be made to apply their mind so as to opt for one or the other of the four ADR methods mentioned in the Section and if the parties do not agree, the court shall refer them to one or other of the said modes." In a landmark case of Supreme Court, Afcons Infrastructure Ltd. & Anr v Cherian Varkey Construction Co. (P) Ltd & Ors 67, the issue before Supreme Court was the general scope of Section 89 of the Code of Civil Procedure (Code for short) and the question whether the said section empowers the court to refer the parties to a suit to arbitration without the consent of both parties? In this case trial court had heard the application under section 89 by one of the parties. The trial court recorded that first respondent (plaintiff) was agreeable for arbitration and appellants (defendants 1 and 2) were not agreeable for arbitration. The trial court allowed the said application under section 89 by a reasoned order dated and held that as the claim of the plaintiff in the suit related to a work contract, it was appropriate that the dispute should be settled by arbitration. The revision application filed before High Court Kerala against the said decision was dismissed. The High Court held that in appropriate cases the even unwilling party can be referred to arbitration and the condition of pre-existing arbitration agreement is not necessary to apply section 89. The Supreme Court set aside both the orders passed by the trial court and High Court. The Supreme Court held that unwilling parties cannot be referred to arbitration or conciliation. It will be appropriate to quote here, J. Raveendran in Afcons Infrastructure Ltd & Anr Vs Cherian Varkey Construction Co (p) Ltd and Ors. Sec. 89 appears to be non- starter with many courts, Though the process u/s 89 appears to be lengthy and complicated, in practice, the process is simple know the dispute, exclude unfit cases, ascertain consent for arbitration and conciliation, if there is no consent select Lok Adalat (6) SCC (8) SCC 24 JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 32 of 142
8 for simple cases and mediation for all other cases, reserving reference to judge assistance settlement only in exceptional or special cases. Basically section 89 was enacted with object that every dispute before court should be first referred to the alternate dispute resolution and only when the parties fail to get their disputes settled through any of the alternate dispute resolution methods that the suit could proceed further 68. The opening words of section 89 where it appears to the Court that there exists elements of a settlement which may be acceptable to the parties has left the initial satisfaction about elements of a settlement, to the court, not to the parties. The decisions of the Supreme Court in earlier cases 69 were supportive of ADR. 70 The decision of the Apex Court in Afcon s case is set back to the movement of ADR through assistance of the courts. A strained construction has been placed on a most important and salutary provision in the code. 71 Fali S. Nariman has stated "I am afraid that after the decision of the highest court in Afkons there is not much help to be expected on ADR in the future from the courts. Mediation must stand on its own record, un-assisted by Judges" 72 In my humble opinion all these cases needs rethinking by the apex court as they hamper the progress of the ADR movement. Conclusion and Recommendations: The Supreme Court and High Court are endeavoring for growth and adoption of ADR system. However, the said growth needs to still get momentum at grassroots. The action plan floated by Bombay High Court in this behalf aims at holding workshops and spreading awareness of ADR Mechanism at the grassroots. Hence, it is only if the community of Lawyers and the Litigants accept the concept as being beneficial to them. If some parties show reluctance to bear the fees of Mediator. In such cases the first need is to explain to the parties the benefits of mediation and saving of loss from a long turn point of view. 68 Clause 7 of the objects and reasons (section 89) of the Code of Civil procedure Amendment Bill, Salem Advocates Bar association v Union of India (I),2003 (1) SCC 144, Salem Advocates Bar association v Union of India (II),2005 (6) SCC Forward by Fali S. Nariman, Mediation, Practice and Law the Path to Successful Dispute Resolution, Sriram Panchu, Lexis Nexis Butterworths Wadhwa, Nagpur,2011 pg xxvii 71 ibid 72 ibid JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 33 of 142
9 Analyzing the present pendency of cases in courts and required time for the resolution of dispute and execution of the decision in coming years there will be rise of private mediation centers in this country. At present we have recognized and reputed Lawyers, Senior counsels in litigation. Time will come when we will also have a group of well recognized and reputed mediators who can then specialize in one or more areas of dispute resolution. Practicing advocates may make a simple beginning by drafting a clause in their notices or replies as without prejudice to the contentions raised and claims made in this notice, my client is willing to resort to any of the modes of arbitration, mediation, conciliation and pre-litigation cells 73 in court to avoid actual litigation. 73 The Legal Services Authorities Act, 1987 S. 20(2) is provides for pre litigation as under :- S. 20(2) Notwithstanidng anything contained in any other law for the time being in force, the District Authority may, on receipt of an application from any person that any dispute or matter pending for a compromise or settlement needs to be determined by a Lok Adalat, refer such dispute or matter to the Lok Adalat for determination. The National Legal Services Authority ( Lok Adalat ) Regulations, 2009, Rule 12 is as under :- [12] Pre-litigation matters (1) In a pre-litigation matter it may be ensured that the court for which a Lok Adalat is organized has territorial jurisdiction to adjusdicate in the matter. (2) Before referring a pre- litigation matter to Lok Adalat the Authority concerned or Committee, as the case may be, shall give a reasonable hearing to the parties concerned: (3) An award based on settlement between the parties can be challenged only on violation of procedure prescribed in section 20 of the Act filing a petition under articles 226 and 227 of the Constituion of India. JOURNAL OF LEGAL STUDIES AND RESEARCH [VOL 1 ISSUE 2 DEC 2015] Page 34 of 142
Judicial Settlement under Section 89 C.P.C.
Judicial Settlement under Section 89 C.P.C. Section 89 C.P.C. A Neglected Aspect. By: Justice S.U.Khan 1 "Settlement of disputes outside the Court. (1)Where it appears to the court that there exist elements
More informationChapter 3 & 4 ADR: Alternative Dispute Resolution
Chapter 3 & 4 ADR: Alternative Dispute Resolution a. Definition b. History, Background of ADR c. Need of ADR d. LEGISLATIONS related to ADR IN INDIA e. ADR and Constitution f. Advantages and disadvantages
More informationAfcons Infrastructure Ltd. v. Cherian Varkey Construction Company Pvt. Ltd. R.V.RAVEENDRAN, J.
Afcons Infrastructure Ltd. v. Cherian Varkey Construction Company Pvt. Ltd. (2010) 8 SCC 24 (Process of referral to different modes of ADR under Section 89 of CPC, 1908) R.V.RAVEENDRAN, J. Leave granted.
More informationWORLD BANK REPORT ON DOING BUSINESS :INDIA ENFORCING CONTRACTS-
WORLD BANK REPORT ON DOING BUSINESS :INDIA ENFORCING CONTRACTS- QUALITY OF JUDICIAL PROCESS INDEX Department of Justice, Ministry of Law & Justice 2 1. Legal Reforms Legal Reforms 3 1. Commercial Courts,
More informationversus Through Mr. Saleem Ahmed, ASC for the State with SI Ravi Kumar. Mr. Surender Singh, Adv. for R-2.
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE W.P.(CRL) 1018/2010 & Crl. M.A.No. 8566/2010 Reserved on: 13th February, 2012 Decided on: 14th March, 2012 RAKESH KUMAR Through Mr. Nitin
More informationSalem Advocate Bar Association,... vs Union Of India on 25 October, 2002
Supreme Court of India Salem Advocate Bar Association,... vs Union Of India on 25 October, 2002 Bench: B.N. Kirpal Cj, Y.K. Sabharwal, Arijit Passayat CASE NO.: Writ Petition (civil) 496 of 2002 PETITIONER:
More informationCHAPTER V CONCILIATION
CHAPTER V CONCILIATION 1. THE CONCEPT OF CONCILIATION The Halsbury s Laws of England defines Conciliation as a process of persuading the parties to reach an agreement. 1 Conciliation may comprehensively
More informationThe Legal Services Authorities (Amendment) Bill, 2002
The Legal Services Authorities (Amendment) Bill, 2002 A BILL further to amend the Legal Services Authorities Act, 1987. BE it enacted by Parliament in the Fifty-third Year of the Republic as follows:-
More informationMediation in Cheque Dishonour Cases : Legality and Binding effect.
Mediation in Cheque Dishonour Cases : Legality and Binding effect... Bharat Chugh (Civil Judge - Delhi) This article is an attempt to highlight a very important question of law facing magisterial courts
More informationto provide for alternate dispute resolution WHEREAS State is required to ensure inexpensive and expeditious justice;
A BILL to provide for alternate dispute resolution WHEREAS State is required to ensure inexpensive and expeditious justice; AND WHEREAS an alternate dispute resolution system can facilitate settlement
More informationTAMIL NADU DR. AMBEDKAR LAW UNIVERSITY M.L DEGREE COMPULSORY PAPERS PAPER I INDIAN CONSTITUTIONAL LAW: THE NEW CHALLENGES
TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY M.L DEGREE COMPULSORY PAPERS PAPER I INDIAN CONSTITUTIONAL LAW: THE NEW CHALLENGES UNIT I: State: The Executive: Constitutional Status, powers and functions of the
More informationCHAPTER VI ALTERNATIVE DISPUTE RESOLUTION UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE
CHAPTER VI ALTERNATIVE DISPUTE RESOLUTION UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE 1. SECTION 89 CPC INTRODUCTION Section 89 of the Code of Civil Procedure, 1908 embodies the legislative mandate
More informationReforms In the Legal System for achieving Effective and Speedy Resolution Of Dispute
UNIT 5 Reforms In the Legal System for achieving Effective and Speedy Resolution Of Dispute Acts Introduced for Effective and Speedy Resolution Of Dispute There have been many major structural changes
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Arbitration and Conciliation Act, OMP No.356/2004. Date of decision : 30th November, 2007
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Arbitration and Conciliation Act, 1996 OMP No.356/2004 Date of decision : 30th November, 2007 AHLUWALIA CONTRACTS (INDIA) LTD. Through : PETITIONER Mr.
More informationCIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF (Arising out of SLP (C) No.2798 of 2010)
Supreme Court of India Supreme Court of India Bench: P. Sathasivam, J. Chelameswar IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10209 OF 2011 (Arising out of SLP (C) No.2798
More informationBrochure on. Alternative Dispute Resolution Mechanism in Modern Indian Society
Brochure on Alternative Dispute Resolution Mechanism in Modern Indian Society Mahboob Ali * JUDICIAL TRAINING AND RESEARCH INSTITUTE, U.P. Vineet Khand, Gomtinagar, Lucknow-226010 * Director, Judicial
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. SPECIAL LEAVE PETITION (C) Nos of 2007
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) Nos. 18386-18387 of 2007 The Bar Council of Maharashtra & Goa... Petitioners Versus Manubhai Paragji Vashi & Ors....
More informationBar & Bench (www.barandbench.com)
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Arbitration Petition No. 21 of 2017 KLA Const. Technologies Private Limited..Petitioner Versus Kajima India Private Limited Respondent Present:- Dr. Amit George,
More informationIN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION. Company Appeal (AT) (Insolvency) No. 181 of 2017
1 IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION (Arising out of Order dated 27 th July, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai
More informationNOTES OF DISCUSSION OF THE PAPER PRESENTED ON THE SUBJECT AT THE NIGERIA BAR ASOOCIATION IKEJA BRANCH, APRIL 29, 2014
DR FABIAN AJOGWU, SAN EXPLORING THE MEDIATION WINDOW AT THE COURT OF APPEAL, HIGH COURT, MAGISTRATES COURT, FAMILY COURT, AND CRIMINAL COURT: PROSPECTS, CHALLENGES, DRAWBACKS, EFFICACY NOTES OF DISCUSSION
More informationIN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 20 OF Vs. DEVAS MULTIMEDIA P. LTD...
1 REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 20 OF 2011 ANTRIX CORP. LTD....PETITIONER Vs. DEVAS MULTIMEDIA P. LTD....RESPONDENT J U D G M E N T ALTAMAS
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO.(s) OF 2018 (Arising out of SLP(C)No.
1 IN THE SUPREME COURT OF INDIA REPORTABLE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.(s). 4011 OF 2018 (Arising out of SLP(C)No.31682 of 2011) MADHYA PRADESH RURAL ROAD DEVELOPMENT AUTHORITY AND ANR.
More informationTHE LEGAL SERVICES AUTHORITIES ACT, 1987
THE LEGAL SERVICES AUTHORITIES ACT, 1987 CONTENTS CHAPTER-I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER - II THE NATIONAL LEGAL SERVICES AUTHORITY 3. Constitution of the
More informationARBITRATION & CONCILIATION ACT AND MEDIATION
ARBITRATION & CONCILIATION ACT AND MEDIATION The established courts are too remote, too legalistic, too expensive and too supine and slow. INTRODUCTION Pawan Agarwal Chartered Accountant Indian legal system
More informationTHE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS (AMENDMENT) BILL, 2018
AS INTRODUCED IN LOK SABHA Bill No. 123 of 2018 5 THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS (AMENDMENT) BILL, 2018 A BILL to amend the Courts, Division
More information2005(1)JV ARTICLE 1 SCOPE OF ALTERNATE DISPUTE RESOLUTION IN INDIA
2005(1)JV ARTICLE 1 SCOPE OF ALTERNATE DISPUTE RESOLUTION IN INDIA K.Ramakrishnan, Addl.District Judge, Mavelikara. Time has come to think to provide a forum for the poor and needy people who approach
More informationBar and Bench (
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC) 5/2018 Date of decision: 15 th May, 2018 DELHI STATE INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (DSIIDC)... Petitioner Through
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF 2017 M/S LION ENGINEERING CONSULTANTS VERSUS O R D E R
1 IN THE SUPREME COURT OF INDIA REPORTABLE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8984-8985 OF 2017 M/S LION ENGINEERING CONSULTANTS APPELLANT(S) VERSUS STATE OF M.P. & ORS. RESPONDENT(S) O R D
More informationSET- 4 POLITY & GOVERNANCE
FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 1 SET- 4 POLITY & GOVERNANCE FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 2 Q. 1. Consider the following statements regarding
More informationIndia. Neerav Merchant. Majmudar & Partners Mumbai. Law firm bio
India Neerav Merchant Majmudar & Partners Mumbai nmerchant@majmudarindia.com Law firm bio 1. What are the current challenges to enforcement of multi-tiered dispute resolution clauses? At the outset, in
More informationPurpose, Scope and Law relating to Examination & Cross of Witnesses in Arbitration proceedings 1. S Ravi Shankar 2
Purpose, Scope and Law relating to Examination & Cross of Witnesses in Arbitration proceedings 1 S Ravi Shankar 2 Globally arbitration is becoming popular for various reasons and as per a recent survey
More informationIndustrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 No 13
New South Wales Industrial Relations Amendment (Public Sector Conditions of Employment) Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Industrial Relations Act 1996 No 17 3 New
More informationArbitration Agreement
Arbitration Agreement (Domestic & International Arbitrations) Written By S. Ravi Shankar Advocate on Record Supreme Court of India Senior Partner - Law Senate Law Firm National President - Arbitration
More informationADR and Access to Justice: Issues and Perspectives. Hon ble Thiru Justice S.B.Sinha, Judge Supreme Court of India
1 ADR and Access to Justice: Issues and Perspectives Hon ble Thiru Justice S.B.Sinha, Judge Supreme Court of India Introduction Justice is the foundation and object of any civilized society. The quest
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2017 (Arising out of S.L.P. (C) No.
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 21790 OF 2017 (Arising out of S.L.P. (C) No. 28685/2015) FEDERATION OF HOTEL AND RESTAURANT ASSOCIATIONS OF INDIA
More informationIN THE HIGH COURT OF GUJARAT AT AHMEDABAD Special Civil Application No of 2015 AUTOMARK INDUSTRIES (I) LTD Vs STATE OF GUJARAT AND 3 Harsha Deva
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Special Civil Application No.13641 of 2015 AUTOMARK INDUSTRIES (I) LTD Vs STATE OF GUJARAT AND 3 Harsha Devani & A G Uraizee, JJ Appellants Rep by: Mr SN Soparkar,
More informationConstruction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)
Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes) Rules Amended and Effective October 1, 2009 Fee Schedule Amended and Effective
More informationNishith Desai Associates 1
Nishith Desai Associates 1 Paper 6 Conciliation and ADR in India - Murali Neelakantan Synopsis : A. Introduction : ADR in India History of ADR in India ADR in Modern India B. Litigation in India - the
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.117 OF 2019 [Arising out of SLP (C) No of 2014] Versus
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.117 OF 2019 [Arising out of SLP (C) No. 19516 of 2014] Sushil Thomas Abraham... Appellant(s) Versus M/s Skyline Build.
More informationEnforcement of Arbitral Awards
Enforcement of Arbitral Awards The Practical Lawyer Enforcement of Arbitral Awards By M. Dhyan Chinnappa* Cite as : (2002) 8 SCC (Jour) 39 Introduction "An arbitrator is a private extraordinary judge between
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL)NO OF 2017
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL)NO. 15804 OF 2017 ROJER MATHEW PETITIONER VERSUS SOUTH INDIAN BANK LIMITED AND ORS RESPONDENTS O R
More informationADR INSTITUTE OF CANADA, INC. ADRIC ARBITRATION RULES I. MODEL DISPUTE RESOLUTION CLAUSE
ADR INSTITUTE OF CANADA, INC. ADRIC ARBITRATION RULES I. MODEL DISPUTE RESOLUTION CLAUSE Parties who agree to arbitrate under the Rules may use the following clause in their agreement: ADRIC Arbitration
More informationTHE RAILWAYS (AMENDMENT) BILL, 2008
TO BE INTRODUCED IN LOK SABHA Bill No. 19 of 2008 24 of 1989. THE RAILWAYS (AMENDMENT) BILL, 2008 A BILL further to amend the Railways Act,1989. BE it enacted by Parliament in the Fifty-ninth Year of the
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Sick Industrial Companies (Special Provisions) Act, 1985 W.P.(C) 1458/2008
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Sick Industrial Companies (Special Provisions) Act, 1985 W.P.(C) 1458/2008 Date of Decision: 11th April, 2008 KOTAK MAHINDRA BANK LTD.... Through: Petitioner
More information1) ICC ADR proceedings are flexible and party-controlled to the greatest extent possible.
Guide to ICC ADR Contents Part 1: Introduction... 1 Characteristics of ICC ADR... 1 Overview of the Rules... 2 Part 2: Analysis of the ICC ADR Rules... 3 Preamble... 3 Article 1: Scope of the ICC ADR Rules...
More informationAN APPRAISAL OF ARBITRATION AND LITIGATION TECHNIQUES AS PANACEA FOR FAIR JUSTICE ADMINISTRATION UNDER THE NIGERIAN LEGAL SYSTEM 1
AN APPRAISAL OF ARBITRATION AND LITIGATION TECHNIQUES AS PANACEA FOR FAIR JUSTICE ADMINISTRATION UNDER THE NIGERIAN LEGAL SYSTEM 1 April 15, 2016 Litigation/Dispute Resolution Babatunde Osibanjo Introduction:
More informationDEBT RECOVERY TRIBUNAL: AN ANALYSIS
Open Access Journal available at www.jlsr.thelawbrigade.com 239 DEBT RECOVERY TRIBUNAL: AN ANALYSIS Written By Nidhi Singh & Ritika Rishi 4 th year, B.A.LLB, Chanakya National Law University, Patna Banks
More informationSECTION 138 NI ACT OUTSIDE THE PURVIEW OF MORATORIUM UNDER SECTION 14 OF IBC
SECTION 138 NI ACT OUTSIDE THE PURVIEW OF MORATORIUM UNDER SECTION 14 OF IBC In the National Company Law Appellate Tribunal IN THE MATTER OF Shah Brothers Ispat Pvt. Ltd v. P. Mohanraj & Ors. New Delhi
More informationSINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC)
GUIDE TO INTERNATIONAL ARBITRATION IN SINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC) Written By S. Ravi Shankar Advocate on Record - Supreme Court of India National President of Arbitration Bar of India
More informationA MATERIAL ON ALTERNATIVE DISPUTES RESOLUTIONS AND CIVIL PROCEDURE GENERALLY
IME UMANAH CHAMBERS LAW IME UMANAH CHAMBERS A.K.A. TRAILBLAZERS INN OF COURT FACULTY OF LAW, UNIVERSITY OF UYO, UYO NIGERIA. LEGAL STUDIES RESEARCH PAPER SERIES RESEARCH PAPER 2015 January, 2015 A MATERIAL
More informationJAMS International Arbitration Rules & Procedures
JAMS International Arbitration Rules & Procedures Effective September 1, 2016 JAMS INTERNATIONAL ARBITRATION RULES JAMS International and JAMS provide arbitration and mediation services from Resolution
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 ARB.P. 63/2012 Date of Decision : December 06, 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 ARB.P. 63/2012 Date of Decision : December 06, 2012 M/S RURAL COMMUNICATION & MARKETING PVT LTD... Petitioner Through:
More informationArbitration rules. International Chamber of Commerce. The world business organization
Arbitration and adr rules International Chamber of Commerce The world business organization International Chamber of Commerce (ICC) 38, Cours Albert 1er, 75008 Paris, France www.iccwbo.org ICC 2001, 2011
More informationNational Report of Thailand Alternative Dispute Resolution in Administrative Matters by the Administrative Court of Thailand Report to the 12 th
National Report of Thailand Alternative Dispute Resolution in Administrative Matters by the Administrative Court of Thailand Report to the 12 th Congress of IASAJ Istanbul Turkey, May 2016 Introductory
More informationTHE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2015
1 AS INTRODUCED IN LOK SABHA Bill No. 252 of 2015. THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2015 A BILL to amend the Arbitration and Conciliation Act, 1996. BE it enacted by Parliament in the
More informationSEMINOLE TRIBE OF FLORIDA
SEMINOLE TRIBE OF FLORIDA Tribal Court Small Claims Rules of Procedure Table of Contents RULE 7.010. TITLE AND SCOPE... 3 RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE... 3 RULE 7.040. CLERICAL
More informationImpact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013
Impact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013 Section 245 to 255 of Insolvency and Bankruptcy Code, 2016 enlists the amendments, resulting
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION & CONCILIATION ACT, OMP No. 658 of Date of order: November 21, 2011.
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION & CONCILIATION ACT, 1996 OMP No. 658 of 2011 Date of order: November 21, 2011 VF SERVICES (UK) LIMITED... Petitioner Through: Mr. Neeraj Kishan
More informationLEGAL ALERT. Highlights of Amendment to the. Arbitration and Conciliation Act 1996 via. Arbitration Ordinance Amendments
LEGAL Arbitration and Conciliation Act 1996 via ALERT Highlights of Amendment to the Arbitration Ordinance 2015 The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI. W.P.(C) No.8693/2014. George. Versus. Advs. for UOI. HON BLE MR. JUSTICE RAJIV SAHAI ENDLAW
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th November, 2015 W.P.(C) No.8693/2014 HENNA GEORGE... Petitioner Through: Ms. Purti Marwaha, C.S. Chauhan, Mr. Arvind Kumar & Ms. Henna George.
More informationIN THE HIGH COURT OF MADRAS. C.R.P. (NPD) No. 574 of Decided On:
MANU/TN/3588/2011 Equivalent Citation: 2011(6)CTC11 IN THE HIGH COURT OF MADRAS C.R.P. (NPD) No. 574 of 2011 Decided On: 26.08.2011 Appellants: Kotak Mahindra Bank Ltd. Vs. Respondent: Sivakama Sundari
More informationBharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552
Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552 and Conciliation Act, 1996 Ss. 2(2), 2(1)(f) & 2(4), (5) & (7), 1, 9, 42, 37, Pt. I and Pt. II - International commercial
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, Date of decision: 8th February, 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, 1971 Date of decision: 8th February, 2012 WP(C) NO.11374/2006 OCEAN PLASTICS & FIBRES (P) LIMITED
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.11249/2018 [Arising out of SLP (CIVIL) No.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11249/2018 [Arising out of SLP (CIVIL) No. 23139 of 2016] South Delhi Municipal Corporation...Appellant Versus SMS
More informationR.D PARMANANDKA PVT. LTD... PLAINTIFF V. SAPATRANGI PVT. LMD. DEFENDENT
BEFORE THE HONOURABLE COURT TEAM CODE-D3 IN THE MATTER OF:- R.D PARMANANDKA PVT. LTD.... PLAINTIFF V. SAPATRANGI PVT. LMD. DEFENDENT CIVIL CASE.OF 2017 UNDER SECTION 2(4) 0F THE CODE OF CIVIL PROCEDURE,
More informationAnalysis of NCLT & NCLAT orders on IBC, 2016
Analysis of NCLT & NCLAT orders on IBC, 2016 {Halfia-day seminar by ICSI Hyderabad Chapter} by CS R.Ramakrishna Gupta Senior Partner, R & A Associates June 2, 2017 1 Agenda 1) Operating Provisions of IBC
More informationCo-authored by: Christina Hioureas Nicolas Tsardellis Argyro Angastinioti
International Mediation and Conciliation in Cyprus and the Implications of the New Convention on the Enforcement of Settlement Agreements Achieved Through International Mediation Co-authored by: Christina
More informationAppointment of Internal Ombudsman (IO) For Redressal of Customer Grievance
Appointment of Internal Ombudsman (IO) For Redressal of Customer Grievance Internal Ombudsman (Chief Customer Service Officer ) The Internal Ombudsman (Chief Customer Service Officer) has been appointed
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO OF 2018 VERSUS
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO. 9968 OF 2018 Pramod Laxman Gudadhe Petitioner (s) VERSUS Election Commission of India and Ors.
More informationJUDICIAL INTERVENTION IN THE ENFORCEMENT OF ARBITRATION AWARDS IN INDIA
JUDICIAL INTERVENTION IN THE ENFORCEMENT OF ARBITRATION AWARDS IN INDIA Submitted By Hyderabad, Andhra Pradesh, India The history of the evolution of law on arbitration in India shows that the settlement
More informationTHE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 Judgment delivered on:
THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 Judgment delivered on: 10.10.2013 OMP 234/2013 NSSL LIMITED...PETITIONER Vs HPCL-MITTAL ENERGY LIMITED & ANR....RESPONDENTS
More informationNew Expert Rules launched by the ICC
Colin Johnson, Head of International Arbitration in the Forensic team Grant Thornton UK LLP Barry Fletcher, Solicitor, and Dispute Resolution A division of Reed Elsevier (UK) Ltd. Registered office 1-3
More informationMed-Arb: getting the best of both worlds. Alan L. Limbury 1
Med-Arb: getting the best of both worlds Alan L. Limbury 1 As in other parts of the world, in Australia the litigation climate is changing. Just, cheap and quick is the objective. 2 Courts are streamlining
More informationCommercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)
Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) Rules Amended and Effective October 1, 2013 Fee Schedule Amended and Effective June 1,
More informationIN THE SUPREME COURT OF INDIA. Review Petition (C) No of 1997 in Writ Petition (C) 824 of Decided on:
IN THE SUPREME COURT OF INDIA Review Petition (C) No. 1841 of 1997 in Writ Petition (C) 824 of 1988 Citation - 1998 (4) SCC 270 Decided on: 30.03.1998 Appellants: (1) Gaurav Jain (2) Supreme Court Bar
More information* THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1089/2013 & CM No.2073/2013. Versus
* THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1089/2013 & CM No.2073/2013 SETU NIKET Versus Pronounced on: 19.11.2015... Petitioner Through: Ms. Esha Mazumdar, Adv. UNION OF INDIA & ORS... Respondents
More informationDealing with Conflicts in Project Management
Dealing with Conflicts in Project Management By Kariuki Muigua* A Paper Presented at the Continuous Professional Development Workshop for Architects and Quantity Surveyors on 22 nd & 23 rd September 2011
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2015 (Arising out of SLP(C) No of 2011) :Versus:
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4043 OF 2015 (Arising out of SLP(C) No.10173 of 2011) Central Bank of India Appellant :Versus: C.L. Vimla & Ors.
More informationIN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION ACT. Arb. Appl. No. 261/2008. Date of decision :
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION ACT Arb. Appl. No. 261/2008 Date of decision : 14.01.2009 STERLITE OPTCAL TECHNOLOGIES LTD..Petitioner Through: Mr. Tarun Gulati and Mr. Neil
More informationITL Public School First Term Answer Key( ) Date of Exam: Class: XII Subject: Legal Studies
ITL Public School First Term Answer Key(0-7) Date of Exam: 3.09. Class: XII Subject: Legal Studies It essentially deals with the doctrine of constitutional morality which says that even in doing something
More informationNATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 137 of 2017
1 NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI [Arising out of Order dated 11 th July, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai in Company
More informationGeneral Contract Clauses: Alternative Dispute Resolution (Multi-Tiered) (TN)
Resource ID: w-008-4072 General Contract Clauses: Alternative Dispute Resolution (Multi-Tiered) (TN) PRACTICAL LAW COMMERCIAL TRANSACTIONS, WITH MATTHEW MULQUEEN AND NICK MARGELLO, BAKER, DONELSON, BEARMAN,
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO Of 2011 SRI MAHABIR PROSAD CHOUDHARY...APPELLANT(S) VERSUS
1 IN THE SUPREME COURT OF INDIA REPORTABLE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8320 Of 2011 SRI MAHABIR PROSAD CHOUDHARY...APPELLANT(S) VERSUS M/S. OCTAVIUS TEA AND INDUSTRIES LTD. AND ANR....RESPONDENT(S)
More informationPRESS RELEASE ( ) LOK SABHA SECRETARIAT PARLIAMENT HOUSE NEW DELHI
PRESS RELEASE (23.11.2016) LOK SABHA SECRETARIAT PARLIAMENT HOUSE NEW DELHI REPORT ON THE SUBJECT INDIA S SOFT POWER DIPLOMACY INCLUDING ROLE OF INDIAN COUNCIL FOR CULTURAL RELATIONS (ICCR) AND INDIAN
More informationSCHEME OF EXAMINATION. and SYLLABUS. for MASTER OF LAWS. [One Year] [LL.M. in ADR]
1 SCHEME OF EXAMINATION and SYLLABUS for MASTER OF LAWS [One Year] [LL.M. in ADR] UNIVERSITY SCHOOL OF LAW AND LEGALSTUDIES Guru Gobind Singh Indraprastha University Dawark Sector-16-C, New Delhi-110078
More informationTHE EDUCATIONAL TRIBUNALS BILL, 2010
TO BE INTRODUCED IN LOK SABHA CLAUSES THE EDUCATIONAL TRIBUNALS BILL, 2010 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Applicability of Act. 3. Definitions.
More informationARBITRATION RULES MEDIATION RULES
ARBITRATION RULES MEDIATION RULES International Chamber of Commerce (ICC) 33-43 avenue du Président Wilson 75116 Paris, France www.iccwbo.org Copyright 2011, 2013 International Chamber of Commerce (ICC)
More informationIN THE GAUHATI HIGH COURT
IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI (CIVIL REVISIONAL JURISDICTION) CRP No. 380 of 2014 M/S Shriram Transport Finance
More informationRules of Commercial Conciliation and Arbitration of 1994
Rules of Commercial Conciliation and Arbitration of 1994 Due to the important role that commercial conciliation and arbitration serves in the resolution of disputes arising from transactions in the various
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO of 2018 (ARISING OUT OF SLP (CIVIL) NO OF 2018) VERSUS
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9515 of 2018 (ARISING OUT OF SLP (CIVIL) NO.13913 OF 2018) M/S SHRIRAM EPC LIMITED APPELLANT VERSUS RIOGLASS SOLAR
More informationCHAPTER I PRELIMINARY CHAPTER II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
GUJARAT ACT NO. 21 OF 2005. THE GUJARAT CIVIL COURTS ACT, 2005. I N D E X Sections C O N T E N T S Page No. CHAPTER I PRELIMINARY 1. Short title, extent and 3 commencement. 2. Definitions. 4 CHAPTER II
More informationTHE COMPETITION (AMENDMENT) BILL, 2007
1 AS PASSED BY LOK SABHA ON 6.9.2007 Bill No. 70-C of 2007 12 of 2003. THE COMPETITION (AMENDMENT) BILL, 2007 A BILL to amend the Competition Act, 2002. BE it enacted by Parliament in the Fifty-eighth
More informationTHE COMPETITION (AMENDMENT) BILL, 2007
1 TO BE INTRODUCED IN LOK SABHA Bill No. 70 of 2007 12 of 2003. THE COMPETITION (AMENDMENT) BILL, 2007 A BILL to amend the Competition Act, 2002. BE it enacted by Parliament in the Fifty-eighth Year of
More informationADR in FIDIC Contracts and the Cyprus perspective
ADR in FIDIC Contracts and the Cyprus perspective Alternative Dispute Resolution (ADR) in the Construction Industry: History Advantages and Disadvantages 1 Eur. Ing. Platonas Stylianou B.Eng. (Hons), MSc,
More informationTHE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN COMPANIES ACT, 1913 CS (OS) No. 563/2005 Date of Decision:
THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN COMPANIES ACT, 1913 CS (OS) No. 563/2005 Date of Decision: 22.03.2013 TATA SONS LTD. & ANR.....Plaintiff Through: Sh. Pravin Anand, Sh. Achutan Sreekumar,
More informationArbitration: An Emerging Litigation!
Arbitration: An Emerging Litigation! E-Newsline March 2017 Introduction In today s business contracts, arbitral provisions are preferred due to various factors. These include desire for secrecy, inclination
More informationArbitration Rules. Administered. Effective July 1, 2013 CPR PROCEDURES & CLAUSES. International Institute for Conflict Prevention & Resolution
International Institute for Conflict Prevention & Resolution CPR PROCEDURES & CLAUSES Administered Arbitration Rules Effective July 1, 2013 30 East 33rd Street 6th Floor New York, NY 10016 tel +1.212.949.6490
More informationAfcons Infrastructure Limited v. Nagpur Metro Rail Corporation Limited Issues Raised (i) Whether GYT-TPL fulfilled the eligibility requirements as per
AFCONS INFRASTRUCTURE LIMITED v. NAGPUR METRO RAIL CORPORATION LIMITED AND ANR. 1 A CASE ANALYSIS Sanjana Buch * 1. Introduction India s economic growth and prosperity has been on a steady rise over the
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2011 (Arising out of SLP (Civil) No.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8538 OF 2011 (Arising out of SLP (Civil) No. 9586 of 2010) Ganduri Koteshwaramma & Anr.. Appellants Versus Chakiri
More informationContract Disputes Act of 1978 (Federal Acquisition Regulation - Subpart 33.2)
Appendix 1 - Contract Disputes Act of 1978/FAR 33.2 Contract Disputes Act of 1978 (Federal Acquisition Regulation - Subpart 33.2) This appendix contains the complete SUBPART 33.2-DISPUTES AND APPEALS of
More information